Trade Litigation

On November 25, 2016, the Committee Overseeing Action for Lumber International Trade Investigations or Negotiations (COALITION) filed a petition alleging Canadian lumber is unfairly subsidized and dumped into the U.S. market.  B.C. is well prepared to respond to this litigation and will defend B.C.'s interests against these unfounded allegations.

Status Updates

This page lists key events and documents in the softwood lumber litigation.  Best efforts are taken to keep this page up to date.  Please also check the Government of Canada website for updates.

  • March 28, 2019, the U.S. Department of Commerce initiated the First Administrative Review (AR1) of antidumping duty (AD) and countervailing duty (CVD) investigations of imports of certain softwood lumber products from Canada.  Each year (unless the case is settled), an administrative review will be conducted to recalculate the countervailing and antidumping duty rates for shipments during the period of review and to establish a new cash deposit rate for future shipments.  A company is subject to the review if there has been a specific request for a review of that company filed by interested parties with the U.S. Department of Commerce.

As a result, they will issue instructions to U.S. Customs and Border Protection to collect CVD and AD duties on all lumber shipments from Canada since December 28, 2017.

The U.S. Department of Commerce also corrected certain ministerial errors, and made amendments to their final CVD and AD rates, that were issued on November 2, 2017.  The amended final CVD and AD rates are as follows:

Company CVD AD
Canfor 13.24% 7.28%
Irving 3.34% 6.04%
Resolute 14.70% 3.20%
Tolko 14.85% 7.22%
West Fraser 17.99% 5.57%
All others 14.19% 6.04%

Following the publication of the CVD order, companies, who were not individually examined in the CVD investigation, have 30 days to request the U.S. Department of Commerce to conduct an Expedited Review to establish a company specific rate for each requesting company.  See fact sheet for additional information on Expedited Reviews.

  • December 28, 2017, the U.S. International Trade Commission (ITC) published their final injury determination in the Federal Register.

Company Exclusion Process:  The Department of Commerce claimed that it does not have the legal authority to conduct a company exclusion process in this company-specific investigation. 

Preliminary AD Rates:  Canfor 7.72%; Tolko 7.53%; West Fraser 6.76%; Resolute 4.59%; all other companies 6.87% Starting June 30, 2017, preliminary AD rates are in effect until the U.S. Department of Commerce publishes its final AD determinations, expected by November 10, 2017.

Preliminary CVD Rates Issued on April 24:  Canfor 20.26%; Tolko 19.50%; West Fraser 24.12%; Resolute 12.82%; Irving 3.02%; all other companies 19.88%.  Preliminary CVD duties were in effect between April 28, 2017 and August 25, 2017.